§ 21-28-4.01. Prohibited acts A — Penalties. [As amended by P.L. 2021, ch. 100, § 1 and P.L. 2021, ch. 101, § 1.] (a)(1) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. (2) Any person who […]
§ 21-28-4.01.1. Certain quantities of controlled substances. (a) Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or possess with intent to manufacture or sell, a controlled substance classified in schedule I or II (excluding marijuana) or to possess or deliver the following enumerated quantities of certain controlled […]
§ 21-28-4.01.2. Certain quantities of controlled substances. (a) Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture, sell, or deliver the following enumerated quantities of certain controlled substances: (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable amount of heroin; (2) More […]
§ 21-28-4.02. Prohibited acts B — Penalties. (a) It shall be unlawful for any person: (1) Who is subject to article III to distribute or dispense a controlled substance in violation of § 21-28-3.18; (2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration, or to distribute or […]
§ 21-28-4.03. Prohibited acts C — Penalties. (a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance, except pursuant to an order form as required by § 21-28-3.10; (2) To use in the course of the manufacture or distribution of a controlled substance a registration number, […]
§ 21-28-4.04. Sale of hypodermic syringes and needles and retractable hypodermic syringes and needles. (a) Hypodermic and retractable hypodermic syringes, needles, or any instrument adapted for the administration of drugs by injection shall not be sold except in licensed pharmacies. Every sale shall be made subject to the rules and regulations of the director of […]
§ 21-28-4.05. Prohibited acts E — False representations to obtain controlled substances. (a) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance: (1) By fraud, deceit, misrepresentation, or subterfuge; (2) By the forgery or alteration of a prescription or of any […]
§ 21-28-4.06. Prohibited acts F — Places used for unlawful sale, use, or keeping of controlled substances. (a) Any store, shop, warehouse, building, vehicle, aircraft, vessel, or any place which is used for the unlawful sale, use, or keeping of a controlled substance shall be deemed a common nuisance. (b) Any person who violates this […]
§ 21-28-4.07. Distribution to persons under age 18. (a) Any person eighteen (18) years of age or over who violates § 21-28-4.01(a) by distributing a controlled substance, excluding marijuana, listed in schedules I and II to a person under eighteen (18) years of age who is at least three (3) years his or her junior […]
§ 21-28-4.07.1. Distribution or manufacturing in or near schools. Any person who violates § 21-28-4.01(A), 21-28-4.01.1, or 21-28-4.07 by distributing or manufacturing a controlled substance listed in schedules I or II in the building or on the grounds, or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or […]
§ 21-28-4.07.2. Distribution to individuals without knowledge — Crime of violence. (a) Definitions: For the purposes of this section the following words shall have the following definitions: (1) “Crime of violence” means: (i) An offense that has an element, the use, attempted use, or threatened use of physical force against the person or property of […]
§ 21-28-4.08. Conspiracy. Any person who conspires to violate any provision of this chapter is guilty of a crime and is subject to the same punishment prescribed in this chapter for the commission of the substantive offense of which there is a conspiracy to violate. History of Section.P.L. 1974, ch. 183, § 2.
§ 21-28-4.09. General penalty clause. Any person who violates any provision of this chapter, the penalty for which is not specified in this chapter, and of the rules and regulations of the director of health made under authority of this chapter, shall be sentenced to a term of imprisonment of not more than one year, […]
§ 21-28-4.10. Penalties under other laws. Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. History of Section.P.L. 1974, ch. 183, § 2.
§ 21-28-4.11. Second offenses. (a) Any person convicted of a second offense under this chapter, except for violations of § 21-28-4.01(c)(2)(i), § 21-28-4.01(c)(2)(iii), § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to twice the term authorized, fined an amount up to twice that authorized, or both. (b) For purposes […]
§ 21-28-4.12. Bar to prosecution. If a violation of this chapter is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. History of Section.P.L. 1974, ch. 183, […]
§ 21-28-4.13. Impersonation of health officials — Penalties. Every person who shall falsely assume or pretend to be the director of health or an officer, agent, inspector, or representative designated by the director as having enforcement powers shall be imprisoned not exceeding one year and/or be fined not exceeding five hundred dollars ($500). History of […]
§ 21-28-4.14. Third or subsequent offenses. (a) Any person convicted of a third or subsequent offense under this chapter, except for violations of § 21-28-4.01(c)(2)(iv), § 21-28-4.01(c)(2)(v), or § 21-28-4.01(c)(2)(vi), may be imprisoned for a term up to three (3) times the term authorized, and fined an amount up to three (3) times that authorized […]
§ 21-28-4.15. Employment of person under age eighteen (18). (a) It shall be unlawful for any person eighteen (18) years of age or older to hire, employ or use any person under eighteen (18) years of age who is at least three (3) years his or her junior to manufacture, transport, carry, sell, prepare for […]
§ 21-28-4.16. Crimes against pharmacies. Any person who: (1) breaks and enters a pharmacy or commits larceny or robbery from a pharmacist of a controlled substance, (2) aids and abets or enters any pharmacy with the intent to steal any controlled substance, or (3) takes, without permission, the controlled substance of another, shall be punished […]
